Adhikari (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for an Automotive Electrician. The applicant sought review of a decision to refuse the approval of the nomination made by Booth, Raymond. The Tribunal was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994.

The primary legal issue was whether the applicant had satisfied the criteria under cl.187.233, which, in essence, requires the nominated position to be the subject of an approved nomination, located in regional Australia, and for the applicant to be identified in relation to that position if the nomination was made on or after 1 July 2017. Further requirements included that the employer must be the nominator, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be reasonable to disregard), the position must remain available, and the visa application must have been made within six months of the nomination's approval.

The Tribunal reasoned that a prerequisite for meeting cl.187.233 was that the nomination must be approved. As the Tribunal had affirmed the decision to refuse the approval of the nomination made by Booth, Raymond, this essential criterion was not met. Consequently, the Tribunal advised the applicant of its preliminary view that the decision under review would be affirmed, providing an opportunity to comment on the refusal of the nomination and its relevance to the visa application. As no comments were received by the specified date, and the nomination remained refused, the Tribunal concluded that the applicant had not satisfied the requirements for the visa.

The Tribunal affirmed the decision not to grant the applicants the Regional Employer Nomination (Permanent) (Class RN) visas.